Legal Question in Wills and Trusts in Massachusetts

Re: Wills

As usual, that depends.

If the person was just passing through washington on a visit, then WA would not be the correct place to do the probate.

In order to be legal in WA a will has to have certain formalities. If those formalitites are not present the will *may* not be admitted to probate. However, WA has an intestacy statute that allows estates to be probated - within limits - without a will.

But just because a will passes muster in Massachusets, does not automatically mean it will pass muster here in Washington. For all I know Massachusets has totally different requirements.

Re: Wills

Actually the answer is yes. If the person had a valid will (follows all the requirements of a Massachusetts will) then the will will be recognized in WA as a valid will.

The probate of the will will have to be done in the state that the person was a primary resident of. If that is WA, then the Mass will be probated here in WA.

I would be happy to provide you with an appointment to help you with any probate needs that you have.

Caroline R. Suissa

[email protected]

Re: Wills

If the person was not a resident of WA and was a resident of MA, then the Will should be probated here.

If the MA Will meets the requirements of WA to be submitted to probate then it can be used in WA. If not, then there is a problem and you will have to look to WA law for guidance.

If you have relocated to WA, I would suggest you contact a WA attorney and have them review your MA Will. As a general rule it is best to have a new will done if you have relocated from one state to another.

Re: Wills

At least two of the other lawyers responding to your question do not seem to have studied conflict of laws issues or Constitutional Law. If the will was executed properly in MA and the testator was a MA resident at the time the will was drawn, it will be valid in all other states at the time of his death.

If the person died in WA, the will has to be probated in WA. You will have to "prove" the will, that is, show it was valid in MA. If the person left property in MA, the executor will have to file "ancillary probate" proceedings in MA to be authorized to deal with MA property.

It may be that the deceased revoked the will, although you may have a tough time proving it.

It may also be, if the estate does not involve a large amount of money/value and real estate, that you can proceed under a small estate law as administrator with the will annexed, saving time and money. You will have to discuss that with a WA attorney familiar with WA estate law.

Re: Wills

What a complicated legal society we live in when lawyers in a mostly statutory-driven field of law cannot agree. Here is my take on the issues. First, yes, the MA will would be accepted in Washington. No concerns there as long as the will was property executed pursuant to MA law. Second, at least one other reply indicated that estate administration must occur in the state of death. Of course this is NOT the case. Residency is obviously an issue. But Probate must occur where it is necessary to transfer assets. Certainly if the decedent was a resident of Washington probate may occur here and it usually stream-lines ancillary probates in other states (that contain the decedent's property). Finally, MA attorney Bilodeau is correct that there are alternatives in Washington if the estate is relatively modest with no real property.